Land Tenure, Housing Rights and Gender

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system that was put in place at the Lusaka headquarters with funding from the Swedishgovernment has since been discarded and a new consultant engaged to install a differentcomputer system. At present there is a move to improve this position by enabling theNdola office to download transactions from the headquarters on a monthly basis.The problem with devolving responsibilities from Lusaka lies in the nature of thefunctions of the land registry. Under the Lands and Deeds Registry Act only the registrardefined under that Act is authorised to sign statutory title deeds. Under a devolved systemthe registrar could continue to play the role of guardian of the land registry while districtregistrars dealt with the daily administration of title deeds. This would decongest theLands Department and bring the issuing of titles closer to the people being served. Itwould remove the need travel to Lusaka for all those who want to have titles issued.Survey DepartmentThe Survey Department is responsible for the provision of accurate land information tothe general public and to specific sectors. The land information is made available throughthe provision of surveys and mapping services. The department is divided into cadastral,survey and mapping branches. The cadastral branch is responsible for the accuratefixation and recording of legal title and addresses issues of boundary disputes. Themapping services branch deals with services related to the production and revision ofnational topographic and specialised mapping. The survey services Branch deals with theestablishment and maintenance of a reliable national control network for use in cadastralmapping, engineering and other surveys.The Lands TribunalThe Lands Tribunal is a statutory, administrative body under the Ministry of Landswhose objective is to arbitrate in disputes arising under the Lands Act.Office of the vice-presidentThrough the Department of Resettlement, the office of the vice-president identifies landfor resettlement schemes, particularly for retirees and other urban residents in need ofland so that they can own land on title and have some means of earning a livelihood. Toidentify suitable areas and have them designated, planned, demarcated and developed, theoffice is required to work in close collaboration with the Ministry of Lands.Ministry of Legal AffairsLand holding entails legal procedures that are enshrined in various statutes andcovenants. The Ministry of Legal Affairs acts as legal adviser to the Ministry of Lands inthe interpretation of land law and the overall management of land matters as well as thedrafting of new laws to enable government achieve its objectives in land management.The Government Valuation DepartmentThrough the Government Valuation Department, the Ministry of Local Government andHousing advises the Ministry of Lands (Estates and Valuation Section) on propertyvaluation and any other matters pertaining to real estate management. The department78
also utilises property data from the Lands and Deeds Registry of the Ministry of Lands toprepare valuation records.District councilsDistrict councils, under the general direction of the Ministry of Local Government andHousing, have the power to control the development of land in their areas. The LocalGovernment Act empowers councils to prohibit and control the use of land and buildingsand the erection of buildings in the interest of public health, safety and the proper andorderly development of the council area. Councils have the power to deal with state land,in which they act as agents of the state under the direction of the Commissioner of Lands,and land falling under the HSIA.Ministry of Agriculture and CooperativesThrough the Land Husbandry Section, the Ministry of Agriculture and Cooperatives isresponsible for identifying, planning, demarcating and recommending land foragricultural purposes, and monitors land use changes. The ministry plays a crucial role inidentifying and opening up suitable land for agricultural use.Ministry of Commerce, Trade and IndustryThe Investment Centre under the Ministry of Commerce, Trade and Industry cooperateswith the Ministry of Lands in identifying suitable land for various developmentalprojects. The ministry facilitates the speedy registration of companies to assist would-beinvestors acquire land for various investments.Ministry of Environment, Natural Resources and TourismThe Ministry of Environment, Natural Resources and Tourism provides advice to theMinistry of Lands on the suitability of land for specific purposes such as natural resourceconservation and protection of the environment. The Zambia Wildlife Authority underthe tourism portfolio gives concessions on land in areas demarcated as game managementareas and national parks. The authority, working through the Protected Areas PlanningUnit, prepares development plans with land information produced by the Ministry ofLands and also regulates the development of tourism enterprise. The ministry assistsentrepreneurs in the identification of land suitable for tourism purposes including land ingame management areas.3 HousingAfter independence in 1964, the Zambian government tried to redress the rural-urbanimbalance created during the colonial era and employed policies that were aimed atcreating better social and economic conditions in both urban and rural areas. 170 Amongthese were policies to pursue the provision of housing and infrastructure. In its early170 Khonje, G.A.C. (1983). Consumer Acceptability of Low-Cost Housing in Zambia. Unpublished PhDThesis. University of New South Wales, Australia.79
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FOREWORD TO SOUTHERN AFRICA LAW AND
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housing for poor people. Finally, l
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Law and Land Tenure ReviewSOUTHERN
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Figure 1.1 Map of Southern Africa
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Table 1.1 Social development indica
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Thirdly, the superficies solo cedit
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e dominated by rural land reform, e
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Table 4.2 Patterns of land distribu
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Women’s movementsMany women’s c
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Women are also often excluded in la
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Page 29 and 30: 9 Women’s rights to land and hous
Page 31 and 32: Some key points:Apart from Malawi,
Page 33 and 34: summed up in the Zimbabwe High Cour
Page 35 and 36: Widows’ inheritance rights are al
Page 37 and 38: Table 9.2 HIV/AIDS infection rates
Page 39 and 40: 10 Racial and ethnic equalityIn cou
Page 41 and 42: is focused on empowering Southern A
Page 43 and 44: The next section, on land tenure, i
Page 45 and 46: Investment Act 385 21Land (Perpetua
Page 48 and 49: 1 Introduction and Background1.1 Hi
Page 50 and 51: as elimination of subsidies and pri
Page 52 and 53: eligible to vote. The current parli
Page 54 and 55: Table 1.1 Jurisdiction of various c
Page 56 and 57: A District Commissioner (DC) is res
Page 58 and 59: Committees will be involved in all
Page 60 and 61: percentage comprises those rented f
Page 62 and 63: National Legal Aid Clinic for Women
Page 64 and 65: especially surviving parents -and t
Page 66 and 67: circumstances weaken the rights of
Page 68 and 69: 2.3 Customary lawIn the context of
Page 70 and 71: Finally, the fees for these plots a
Page 72 and 73: Under this policy, as mentioned ear
Page 74 and 75: Type Characteristics Legal basisUnr
Page 76 and 77: information on “the area and dime
Page 80 and 81: stages, the UNIP government initiat
Page 82 and 83: Both of these provisions commit the
Page 84 and 85: Upgrading of unplanned settlements
Page 86 and 87: divorce, i.e. irretrievable breakdo
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Page 90 and 91: Apart from the stipulations in the
Page 92 and 93: English amended Matrimonial Causes
Page 94 and 95: others, uncles, husbands or sons. 2
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Page 98 and 99: question of shelter is crucial for
Page 100 and 101: Figure 6.2 Institutional framework
Page 102 and 103: In Lusaka, the city council in conj
Page 104 and 105: the council, they are allowed to be
Page 106 and 107: 6.3 Dispute settlement mechanismsTh
Page 108 and 109: Banda, as widow of the late legal t
Page 110 and 111: a long way to go before supply adeq
Page 112 and 113: the incidents enumerated have been
Page 114 and 115: indicates that in the year 2000 it
Page 116 and 117: which these rights are premised. Th
Page 118 and 119: The right to adequate housing, whic
Page 120 and 121: undertaken to harmonise the two sys
Page 122 and 123: ReferencesAugustinus, C. and Bensch
Page 124 and 125: Mvunga, M.P. (1980). Land Law and P
Page 126 and 127: List of persons and organisations i
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Keller, B. Phiri, E. & Milimo, M. (
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Appendix I: International human rig
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The Convention on the Elimination o
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: 2000Optional Protocol toICCPR of
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